A Brief Guide To The Divorce Process

The process of divorce begins with the filling in of a petition for divorce which is also known as a Form D8

. The form has three separate parts which requires yourself, your husband or wife and the court to fill it in. The form requests you to submit a reason for wanting t divorce, in order to be granted a divorce you must have been married for at least one year.

A divorce petition can be obtained from some stationers, a solicitor or the HM Court Service website. It should be filled in and returned to a divorce court or the Principal Registry of the Family Division.

The court will only let you divorce if the judge agrees that your marriage is at a complete end or 'irretrievably broken down' as it is called in law. You must prove to the court that one of the following applies to your marriage; adultery has been committed, unreasonable behaviour has been shown, or desertion for a period of at least two years has occurred. The court will also agree to a divorce if you have been separated for two years and both agree to a divorce or if you have been separated for five years and one party wishes to divorce.

When you have submitted the form you have officially begun divorce proceedings, the person who files the forms is known as the 'petitioner' and the other party (your husband or wife) is known as the 'respondent.' When you have filed the form you will then need to make copies of your marriage certificate and pass over details of your children, if you have children. If you wish to cite a third party in your divorce forms (usually this is for adultery) you may also wish to send a copy of the person's name and address.

The next step includes the courts sending a copy of the petition to your estranged husband or wife, they then have eight days to respond and if they do not respond a court bailiff may serve them papers on your behalf.

When the papers are signed then the process of obtaining the Decree Nisi begins. This is the first stage of divorce and once the judge is happy that everything is in order and all financial/ issues relating to children are resolved things can move on.

The last stage of divorce is known as the 'Decree Absolute' and can be applied for exactly six weeks and one day after the Decree Nisi is obtained. When you receive the Decree Absolute you are no longer classed as married and are permitted to remarry if you wish to.

by: Clare Westwood

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